General terms and conditions
1. Pels Rijcken & Droogleever Fortuijn N.V. is a
public limited liability company (NV). As well as its statutory
name, the public limited liability company uses the name of Pels
2. All engagements, either directly of Pels Rijcken & Droogleever Fortuijn N.V., or of individual partners or employees, shall be accepted and carried out by or on behalf of the company only. Sections 7:404 and 7:407 (2) of the Dutch Civil Code will not apply.
3. Any liability of Pels Rijcken & Droogleever Fortuijn N.V. will be limited to the amount to which a claim is awarded under the professional liability insurance(s) in the matter concerned, to be increased by the amount of the deductible as provided for under the terms of the applicable insurance policy (policies). Further information about the contents of the terms of the insurance policy (policies) will be provided upon request.
4. Pels Rijcken & Droogleever Fortuijn N.V. will exercise due care in engaging third parties at all times. Pels Rijcken & Droogleever Fortuijn N.V. is not liable for damage that is the consequence of failures by third parties. Pels Rijcken & Droogleever Fortuijn N.V. assumes, and if necessary hereby stipulates, that each engagement includes the authority to accept, also on behalf of the client, any limitations of liability on the part of third parties.
5. The client indemnifies Pels Rijcken & Droogleever Fortuijn N.V. against any claims of third parties, including the reasonable costs of legal assistance, which in any way relate to or arise from the activities carried out on behalf of the client, except in the case of intent or gross negligence on the part of Pels Rijcken & Droogleever Fortuijn N.V.
6. Pels Rijcken & Droogleever Fortuijn N.V. does not accept any liability in the event that its client money account administrator, Stichting Beheer Derdengelden, is unable to pay the client for reason that the bank where said Stichting holds one or more accounts is unable to fulfil its obligations vis-à-vis the Stichting. Nor do Pels Rijcken & Droogleever Fortuijn N.V and its civillaw notaries accept liability in the event that the notaries' client money account(s) show a deficit because the bank where said account(s) are held is unable to fulfil its obligations.
7. These general conditions may be relied upon not only by Pels Rijcken & Droogleever Fortuijn N.V., but also by any persons or legal entities, including Stichting Beheer Derdengelden, that are engaged in the performance of any services for the client.
8. The clauses in these general conditions are also stipulated for the benefit of persons who are or have been employed by the company.
9. All services will in principle be charged to the client on a monthly basis, with a payment term of thirty days to be calculated from the date of the invoice. If timely payment is not made, Pels Rijcken & Droogleever Fortuijn N.V. is entitled to charge statutory interest.
10. The rates to be charged will be adjusted each year as of 1 January, in line with the Dutch consumer price index for all households for the preceding period from October to October, with amounts to be rounded to a multiple of EUR 5.
11. The legal relationship between the client and Pels Rijcken & Droogleever Fortuijn N.V. will be governed by Dutch law. Disputes arising from the legal relationship between the client and Pels Rijcken & Droogleever Fortuijn N.V. will be submitted for resolution exclusively to the Dutch court(s).
12. These general conditions are also applicable to any supplementary engagements and follow-on engagements. They have been drawn up in the Dutch and English languages. In the case of any dispute about the contents or meaning of these general conditions, the Dutch text will be binding.
13. Our legal services are subject to the Complaints and Disputes Settlement Scheme for the Legal Profession, which may be consulted at www.pelsrijcken.nl. Our notary services are subject to the complaints and arbitration procedures applying to notaries in the Netherlands. Please refer to the Royal Netherlands Notarial Organisation at www.knb.nl, www.notaris.nl and the Dutch Foundation for Consumer Complaints Boards at www.degeschillencommissie.nl.
14. Pels Rijcken & Droogleever Fortuijn N.V. reserves the right to amend or supplement these general conditions. Clients will be informed in writing in advance of any change or supplement.
Filed at the registry of the Court at The Hague, 11 February 2015, under number 19/2015.